Tell DWP what you think about proposed changes to the Work Capability Assessment (WCA)
The Department for Work and Pensions (DWP) have quietly begun a consultation on changing the Work Capability Assessment to make it even harder to access the benefit, and particularly the highest rate.
No warning was given of this plan and the consultation was not well publicised when it was launched. The consultation period is also very short (it ends on 30 October). The consultation documents are not easy to understand and it is not easy to respond clearly.
It is hard not to conclude that this is a strategy to enable them to push through these proposals which will make life considerably harder for many disabled claimants (remember most disabled people in the UK do not receive any disability benefit).
We at Law for Life and Advicenow are very concerned about the proposed changes and the impact they would have on many of our disabled users.
The DWP have framed the suggested changes as being about giving disabled people ‘the help they need to get back into the job market’ now that working from home is an option in some jobs. We believe this to be entirely disingenuous. It has been conceived as a cost-cutting measure because ‘too many people’ are entitled to the benefit.
We also believe the DWP to be dishonestly exaggerating the impact of changes in the way people work since Covid. For example, it is true that some people in some roles can now work from home – but that goes nowhere near removing all difficulties for people who cannot cope with social engagement because it causes distress.
What can you do
1) We urge as many people as possible to respond to tell them of the devastating impact these proposed changes will have. Whether you are a claimant, support someone who is disabled, or work/volunteer for a disability or advice organisation. Please respond. You can respond online or respond by email to wcaactivitiesanddescriptors.consultation@dwp.gov.uk
You can read the DWPs proposed changes – or we have made them a lot easier to understand (see below) to make it easier for you to respond.
If you do not have much time, you could do a brief but clearly negative response to each of their suggested changes.
2) Please tell other people about it and encourage them to respond too. Take to social media, and tell people on any forums you use.
What we think
These suggestions are disingenuous.
The DWP are just trying to reduce the amount of benefit paid to claimants, rather than provide the safety net required in a civilised society.
These changes would reduce the amount of money many severely disabled people have to live on (during a cost of living crisis) and leave many more claimants at risk of benefit sanctions. Benefit sanctions are already unfairly applied and have already been shown to be extremely harmful when applied to disabled people.
The DWP could offer all the support it wants to people in the LCWRA or Support group, without taking away their higher rate of benefit, or being able to sanction them for failing to attend all the ‘support’.
We know that many of our service users are left effectively traumatised by their dealings with the DWP - by the many wrong decisions that leave people unfairly without the safety net they are entitled to, compounded by the long waits for mandatory reconsiderations and then appeals while not having the benefit they need to live on. Few will welcome more ‘support’ from DWP staff. Few will be willing to try returning to work because of a quite reasonable fear that, if they cannot manage to keep working, they will be exposed to the long and traumatising assessment and reconsideration process again.
If the DWP treated claimants fairly and humanely, and there was a secure route back on to work-replacement benefits if your condition deteriorated or work did not put in place the reasonable adjustments needed, or route back to the LCWRA or support group in you tried and failed to maintain work-related activity, many of these problems would be avoided.
The proposals
The DWP propose to change the activities and points for mobilising, continence, coping with social engagement, getting about, and the rules for people who would be at ‘substantial risk of harm’ if they were forced to do work-related activity.
Below we explain what the current rules are and what Government proposes to change.
1) Mobilising
Current rule
Moving around without the help of another person – including using a walking stick, manual wheelchair or other aid you could use.
(a) Cannot move more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot repeatedly move 50 metres within a reasonable timescale because of significant discomfort or exhaustion - 15 Points
(b) Cannot go up or down two steps without the help of another person, even with the support of a handrail - 9 Points
(c) Cannot move more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 9 Points
(d) Cannot move more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 6 Points
DWP are considering
- removing the Mobilising activity entirely so you would get 0 points for these difficulties.
- changing the descriptor a to bring it in line with the equivalent descriptor in PIP - replacing 50 metres with 20 metres for both descriptors within the LCWRA activity
- reducing the points awarded for descriptors b,c and d so that people who met these would be less likely to be entitled to the benefit.
2) Absence or loss of bowel/bladder control (Continence)
Current rule
Extensive incontinence (other than bed-wetting) despite using any aids normally used
(a) At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points
(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points (this doesn't entitle you to be in the Support or LCWRA group, but once a week - above - does)
(c)At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points
DWP are considering
- removing the continence activity entirely so you would get 0 points for these difficulties
- changing descriptor a so that claimants are required to experience symptoms ‘daily’ rather than ‘weekly’ in order to be put in the higher need group/get the higher amount of benefit
- reducing the points awarded for descriptors b and c so that people with these issues would be less likely to be entitled to the benefit.
3) Coping with Social Engagement
Current rule
Coping with social engagement due to cognitive impairment or mental disorder
(This is about the ability to interact with people in face-to-face social situations. It must be more than shyness or reticence.)
Descriptors:
(a) Engagement in social contact is always impossible due to difficulty relating to others or significant distress experienced by the individual - 15 points
(b) Engagement in social contact with someone unfamiliar is impossible due to difficulty relating to others or significant distress experienced by the individual - 9 Points
(c) Engagement in social contact with someone unfamiliar is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual - 6 Points
DWP are considering
- removing the Coping with Social Engagement activity entirely so you would get 0 points for these difficulties
- reducing the points awarded for descriptors b and c so that people with these issues would be less likely to be entitled to the benefit.
4) Getting About
Current rule
Descriptors:
(a) Cannot get to any specified place with which the claimant is familiar -15 Points
(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points
(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points
DWP are considering
- removing the Getting About activity entirely
- reducing the points awarded for descriptors a, b and c so that people with these issues would be less likely to be entitled to the benefit
5) Substantial risk rules for those with a Low capability for work related activity
Current rule
There are two groups. Those in the Low Capability for Work group receive a lower amount of money and have to do work-related activity. If they don't do the work-related activity they will stop receiving the benefit.
In the Low capability for work related activity (LCWRA) group you receive a higher amount of benefit and are not forced to do work-related activity.
Under the substantial risk rules, someone can be put in the higher group even if they don’t get the right points if there is a risk that they (or someone else) would be in danger if they were made to do work related activity. For example, where it is clear that a claimant might fail to do the required work-related activity and so stop receiving the benefit, and therefore would be at substantial risk of being unable to feed or care for themselves. The risk counts as ‘substantial’ if it cannot reasonably be ignored.
Lots of people with mental health problems, cognitive difficulties, Chronic Fatigue Syndrome, Long Covid, or conditions that are much worse on some days than others get ESA or Universal Credit on the basis of being unable to work using these rules.
DWP are considering
- whether to change the substantial risk definition so that you could not be put in the LCWRA group if you could take part in tailored work-related activity or where reasonable adjustments could be put in place.
- Or to remove the ‘substantial risk rule that enables people to be put in the LCWRA group entirely.
6) The DWP also want to know if there are any other work capability assessment activities or descriptors that you think they should be considering changes to.
Please respond if you can and tell them whether you think each of these changes are a good idea or a bad idea.
If you are supported by a service or disability organisation, ensure they know about the consultation and ask them to respond if they possibly can. Benefits and Work is offering free, confidential email support for organisations that want to take part in the DWP’s consultation about these changes.
October 2023